What is an Instrument of Crime?

An instrument of crime is anything specially made or specially adapted for criminal use, or an object that is commonly used for criminal purposes. Instruments of crime are sometimes referred to as "derivative contraband." Examples of an instrument of crime include:

When Can Someone be Guilty of Possessing an Instrument of Crime?

Many states make it a crime to possess an instrument of crime in certain circumstances. Generally, in order to be guilty and later punished for the crime of possessing an instrument of crime, a person must:

Have direct physical control over the instrument of crime,

Have the intent to use the instrument of crime in a criminal activity, and

The instrument of crime cannot serve a lawful purpose under the circumstances.

These punishments do not generally take into account a person's previous criminal history. Because possessing an instrument of crime is generally associated with a repeat criminal offender, their punishment can be greater because of a violation of their parole or probation agreement.

Do I Need an Attorney if I am Charged with Possessing an Instrument of Crime?

If you are charged with possessing an instrument of crime, it is highly recommended that you contact a criminal defense attorney. Only an attorney will be able to explain the relevant issues and help in your defense.

How does LegalMatch work?

We've helped more than 4 million clients find the right lawyer – for free. Present
your case online in minutes.
LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of
your case.
Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If
so, attorneys
respond with an offer to represent you that includes a full attorney profile with details on
their fee
structure, background, and ratings by other LegalMatch users so you can decide
if they're the
right lawyer for you.